The battle over whether clothing company Kit & Ace will be allowed to open a store on Hayes Street continues, with the Planning Department siding with the store in a recent ruling.

As a reminder, Kit & Ace was slated to move into the former Painter's Place location at 371 Hayes St. in mid-June. Plans were derailed, however, once the Hayes Valley Neighborhood Association (HVNA) learned that the chain planned to open 50 locations throughout the country by the end of 2015—a move that is arguably in violation of Hayes Valley's formula retail ban, which only allows businesses that have 11 or fewer locations throughout the country. 

Gail Baugh of the HVNA said that a hearing was scheduled for July 15th, but before it could take place, the Planning Department ruled in Kit & Ace's favor, stating that the company only had eight stores open and one in the works. That put it just under the 11-location maximum set by the formula retail law.

The HVNA and local retailers are now appealing the decision, with the next hearing set for early August. "Allowing Kit & Ace to enter Hayes Valley is a big deal," Baugh said. "Retailers/HVNA are discussing our options after submitting an appeal of the planning administrator's latest decision." 

Meanwhile, the space at 371 Hayes remains boarded up, its future unknown. We'll keep you updated on the details of the appeal.